Bankruptcy, Reorganization and Liquidation
Lecture Outline
1. What are the major causes of business failure?
2. Do business failures occur evenly over time?
3. What size firm, large or small, is more prone to business failure?
4. What key issues must CEO face in the financial distress process?
5. What informal remedies are available to firms in financial distress?
6. Informal Bankruptcy Terminology
7. What are the major differences between an informal reorganization and reorganization in bankruptcy?
8. What is a prepackaged bankruptcy?
9. List the priority of claims in a liquidation.
10. Some Criticisms of Bankruptcy Laws
11. What is MDA, and how can it be used to predict bankruptcy?
Bankruptcy offers an individual or business a chance to start fresh by forgiving debts that simply cannot be paid while giving creditors a chance to obtain some measure of repayment based on the individual's or business's assets available for liquidation. In theory, the ability to file for bankruptcy benefits the overall economy by allowing people and companies a second chance to gain access to credit and by providing creditors with a portion of debt repayment. Upon the successful completion of bankruptcy proceedings, the debtor is relieved of the debt obligations that were incurred prior to filing for bankruptcy.
All bankruptcy cases in the United States are handled through federal courts. Any decisions in federal bankruptcy cases are made by a bankruptcy judge, including whether a debtor is eligible to file and whether they should be discharged of their debts. Administration over bankruptcy cases is often handled by a trustee, an officer appointed by the United States Trustee Program of the Department of Justice, to represent the debtor's estate in the proceeding.3 There is usually very little direct contact between the debtor and the judge unless there is some objection made in the case by a creditor.
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Source: Best Practices in Restructuring, Wind Down, Insolvency, Reorganization PowerPoint Slides: Bankruptcy, Reorganization and Liquidation PowerPoint (PPT) Presentation Slide Deck, UJ Consulting
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